United States v. Mario Martinez Gonzales

53 F.3d 340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mario Martinez GONZALES, Defendant-Appellant. No. 94-30127. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 28, 1995. Appeal from the United States District Court, for the District of Oregon, D.C. No. CR-93-357-01-JAR; James A. Redden, District Judge, Presiding. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mario Martinez Gonzales appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to illegal re-entry in violation of 8 U.S.C. Sec. 1326 (a) & (b)(2). He contends that the district court erred in refusing to depart downward pursuant to U.S.S.G. Sec. 5K2.0 for cases that involve factors which have not been given adequate consideration by the sentencing Commission. Specifically, Gonzales contends that the Guidelines do not adequately consider a defendant's…